ARTS, BRIEFLY; Rather Can Continue CBS Suit

By JACQUES STEINBERG; Compiled by DAVE ITZKOFF

Published: September 24, 2008

CORRECTION APPENDED

A New York State Supreme Court judge has again refused a request from CBS to dismiss the balance of Dan Rather's lawsuit against the network. The judge, Ira Gammerman, ruled late Monday that Mr. Rather could continue to pursue his claim that CBS had violated his contract by giving him too little to do after forcing him off the ''CBS Evening News'' in 2005. But Justice Gammerman dismissed some of the remaining parts of the suit, including Mr. Rather's contention of fraud. As part of the discovery process, Mr. Rather's lawyers will soon question Leslie Moonves, the chief executive of CBS. Next month the depositions by Mr. Rather's lawyers are scheduled to include Gil Schwartz, executive vice president of communications for CBS.

Correction: September 27, 2008, Saturday
A report in the ''Arts, Briefly'' column on Wednesday about Dan Rather's lawsuit against CBS referred incorrectly to a ruling issued on Monday by the judge in the case. The judge, Ira Gammerman, ruled that Mr. Rather could continue to pursue his claim that CBS had violated its fiduciary obligations to him by forcing him off the ''CBS Evening News'' in 2005. The judge did not rule on Monday that Mr. Rather could continue to pursue a separate claim that CBS had violated his contract. (That issue was addressed earlier this year when the judge agreed to permit Mr. Rather to continue to make that argument, at least through the discovery process.)